Do Empirical Bankruptcy Studies Matter?

10 Pages Posted: 22 Oct 2012

Date Written: October 22, 2012


In the decades since the current Bankruptcy Code was enacted empirical studies of the process, on both the business and personal side, have been legion. The actual effects on bankruptcy as codified have been slight.

Does this mean that ELS has failed as applied to bankruptcy?

I use this response to Jean Braucher, Dov Cohen, and Robert M. Lawless' magnificent paper on race and bankruptcy to explore the issue and reach some tentative conclusions.

Keywords: ELS, emperical legal studies, bankruptcy, Bankruptcy Code

JEL Classification: A00, A10, A12, B00, K00, K10

Suggested Citation

Lubben, Stephen J., Do Empirical Bankruptcy Studies Matter? (October 22, 2012). American Bankruptcy Institute Law Review , Forthcoming, Seton Hall Public Law Research Paper No. 2012-13, Available at SSRN:

Stephen J. Lubben (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8857 (Phone)

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